HomeMy WebLinkAboutOrdinance 4426 OFFICIAL RICORD
ORDINANCE NO. ���( CITY SECRETARY
FT. WORM, TEX.
ORDINANCE CLOSING NEW HEARING AND LEVYING ASSESSMENTS
FOR PART OF THE COSTS OF IMPROVING A PORTION OF ELLIS
AVENUE IN THE CITY OF FORT WORTH, TEXAS, FIXING CHARGES
AND LIENS AGAINST PROPERTY ABUTTING THEREON,AND AGAINST
THE OWNERS THEREOF, PROVIDING FOR THE COLLECTION OF SUCH
ASSESSMENTS AND THE'ISSUANCE OF ASSIGNABLE CERTIFICATES
IN EVIDENCE THEREOF,AND RESERVING UNTO THE CITY COUNCIL
THE RIGHT TO ISSUE CREDITS AGAINST THE AFOREMENTIONED
ASSESSMENTS SHOULD IT DEEM IT APPROPRIATE TO DO SO,SAID
CREDITS, IF ANY, THEREBY REDUCING THE AMOUNT OF THE
RESPECTIVE ASSESSMENT TO THE EXTENT OF ANY CREDIT GRANTED
AGAINST A RESPECTIVE ASSESSMENT FOR WHICH NET AMOUNT THE
ASSIGNABLE CERTIFICATES IN EVIDENCE THEREOF SHALL BE
ISSUED AND DIRECTING THE CITY SECRETARY TO ENGROSS AND
ENROLL THIS ORDINANCE BY COPYING THE CAPTION OF SAME IN
THE MINUTE BOOK OF THE CITY COUNCIL AND BY FILING THE
COMPLETE ORDINANCE IN THE APPROPRIATE RECORDS OF THIS CITY.
WHEREAS, the City Council of the City of Fort Worth, Texas,
has heretofore ordered that the hereinafter described portion of
Ellis Avenue in the City of Fort Worth, Texas, be improved as
follows, to wit:
That portion of Ellis Avenue to be improved which lies
in and between Exchange Avenue and Twenty-Fifth Street, be
improved by raising, grading and filling same and by constructing
thereon a 4 inch gravel base with a 6 inch reinforced concrete
base thereon and a 1-� inch hot mix asphaltic concrete surface,
with combined concrete curbs and gutters on proper grade and line
where same are not already so constructed;
Those portions of that portion of Ellis Avenue to be
improved which lie in and between Twenty-Fourth Street and Exchange
Avenue and Twenty-Third Street and Twenty-Fourth Street, be
improved by widening, raising, grading and filling said widened
areas with a 4 inch treated subgrade, by constructing thereon a
reinforced concrete base and by further constructing on the entire
roadway a hot mix asphaltic concrete level-up course with a
1'h inch hot mix asphaltic surface, together with combined concrete
curbs and gutters on proper grade and line where same are not
already so constructed;
All of the aforementioned improvements are to be con-
structed, together with necessary incidentals and appurtenances,
as and where shown on the Plans and in strict accordance with the
Plans and Specifications therefor; and contract has been made and
entered into with Texas Bitulithic Company for the making and
construction of such improvements; said portion of Ellis Avenue
being as follows, to wit:
ELLIS AVENUE, from the northerly line of Northwest
Twenty-Third Street to the southerly line of Northwest Twenty-Fifth
Street, known and designated as Unit No. 6;
and,
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WHEREAS, new estimates of the cost of the improvements
on said portion of Ellis Avenue were prepared and filed and
approved and adopted by the City Council of the City, and a
time and place was fixed for a new hearing to the owners of
abutting property, and to all others in anywise interested, and
due and proper notice of the time, place and purpose of said new
hearing was given and said new hearing was had and held at the
time and place fixed therefor, to wit, on the 13th day of January,
1961, at 9:00 o'clock, A. M., in the Council Chamber in the City
Hall in the City of Fort Worth, Texas, and at such new hearing
the following protests and objections were made, to wit:
protested that
protested that
protested that
protested that
protested that
protested that ,
2 -
and said new hearing was continued to the present time in
order to more fully accomplish the purposes thereof, and
all desiring to be heard were given full and fair opportunity
to be heard, and the City Council of the City having fully
considered all proper matters, is of the opinion that the said
hearing should be closed and assessments should be made and
levied as herein ordered; THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS, THAT:
I.
said new hearing be, and the same is hereby, closed
and the said protests and objections, and any and all other
protests and objections, whether herein enumerated or not, be
and the same are hereby, overruled.
II.
The City Council, from the evidence, finds that the
assessments herein levied should be made and levied against the
respective parcels of property abutting upon the said portion
of Ellis Avenue and against the owners of such property, and
that such assessments and charges are:-ftght and proper and
are substantially.-in proportion to the benefits to the res-
pective parcels of property by means of such improvements for
which such assessments are levied, and establish substantial
justice and equality and uniformity between the respective owners
of the respective properties, and between all parties concerned,
considering the benefits received and burdens imposed, and
further finds that in each case the abutting property assessed
is specially benefited in enhanced value to the said property
by means of the said improvements for which assessment is levied
and charge made, in a sum in excess of the said assessment and
charge made against the same by this ordinance, and further
finds that the apportionment of the cost of the improvements
is in accordance with the law in force in this City, and the
proceedings of the City heretofore had with reference to said
improvements, and is in all respects valid and regular.
III.
There shall be, and is hereby, levied and assessed
against the parcels of property hereinbelow mentioned, and
against the real and true owners thereof (whether such owners
be correctly named herein or not), the sums of money below
mentioned and itemized shown opposite the description of the
respective parcels of property and the several amounts assessed
against the same, and the owners thereof, as far as such owners
are known, being as follows:
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IV.
Where more than one person, firm or corporation owns
an interest in any property above described, each said person,
firm or corporation shall be personally liable only for its, his
or her pro rata of the total assessment against such property in
proportion as its, his or her respective interest bears to the
total ownership of such property, and its, his or her respective
interest in such property may be released from the assessment
lien upon payment of such proportionate sum.
V.
The several sums above mentioned and assessed against
the said parcels of property, and the owners thereof, and interest
thereon at the rate of six per cent (6%) per annum, together
with reasonable attorneys' fees and costs of collection, if
incurred, are hereby declared to be and are made a lien upon the
respective parcels of property against which the same are assessed,
and a personal liability and charge against the real and true
owners of such property, whether such owners be correctly named
herein or not, and the said liens shall be and constitute the
first enforceable lien and claim against the property on which
such assessments are levied, and shall be a first and paramount
lien thereon, superior to all other liens and claims, except
State, County, School District and City ad valorem taxes.
The sums so assessed against the abutting property
and the owners thereof shall be and become due and payable as
follows, to wit: in five (5) equal installments, due respect-
ively on or before twenty (20) days, one (1), two (2), three (3)
and four (4) years from the date of completion and acceptance
of the improvements, and shall bear interest from said date at
the rate of six per cent (6%) per annum, payable annually with
each installment, except as to the first installment, which
shall be due and payable at the maturity thereof, so that upon
the completion and acceptance of said improvements, assessments
against the property abutting upon said portion of Ellis Avenue
shall be and become due and payable in such installments and
with interest from the date of such completion and acceptance.
Provided, however, that any owner shall have the right to pay
the entire assessment, or any installment thereof, before
maturity by payment of principal and accrued interest, and
provided further that if default shall be. made in the payment of
any installment of principal or interest promptly as the same
matures, then the entire amount of the assessment upon which
such default is made, shall, at the option of said Texas Bitulithic
Company, or its assigns, be and become immediately due and payable,
and shall be collectible, together with reasonable attorneys' fees
and costs of collection, if incurred.
VI.
If default shall be made in the payment of any assess-
ment, collection thereof shall be enforced either by the sale of
the property by the Assessor and Collector of Taxes of said City as
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near as possible in the manner provided for the sale of property
for the nonpayment of ad valorem taxes, or, at the option of the
Contractor, or its assigns, payment of said sums shall be enforced
by suit in any court of competent jurisdiction, and said City
shall exercise all of its lawful powers to aid in the enforce-
ment and collection of said assessments.
VII.
The City of Fort Worth, Texas, shall not in any manner
be liable for payment of the sums hereby assessed against any
property or the owners thereof, but the said Texas Bitulithic
Company, or its assigns, shall look solely to such property and
the owners thereof for the payment of such assessments, but the
City of Fort Worth, Texas shall exercise all of its lawful
powers to aid in the enforcement and collection of said liens
and sums and personal obligations.
VIII.
The total amount assessed against the respective
parcels of abutting property, and the owners thereof, is in
accordance with the proceedings of the City relating to said
improvements and assessments therefor, and is less than the
proportion of the cost allowed and permitted by the law in
force in the City.
IX.
Although the aforementioned charges have been fixed,
levied and assessed in the respective amounts hereinabove
stated, the City Council does hereby reserve unto itself the
right to reduce the aforementioned assessments by allowing
credits to certain property owners where: (1) curb and/or
gutter or paving presently exists, (2) property in commercially
zoned areas is occupied by owner as his residence (this credit
to be such that the maximum cost to the property owner per
front foot, after allowing such credit, shall not exceed $
per front foot for curb, gutter and paving), and (3) property
abuts on the street to be improved, but actually fronts on
another street (this credit to be such that the cost to the
property owner, after allowing such credit, shall not exceed
the amount of the assessment against a residential lot which
fronts 100 feet on the street to be improved.)
Notwithstanding the City Council has herein
reserved the right to issue credits as hereinabove provided,
it shall not be required to issue such credits, and will not
do so, if same would result in any inequity and/or unjust
discrimination.
The principal amount of each of the several assess-
ment certificates to be issued the Contractor by the City of
Fort Worth, Texas, as hereinafter provided, shall be fixed and
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determined by deducting from the amount of any assessment
hereinabove levied such amount or amounts, if any, as may
hereafter be allowed by the City Council as a credit against
the respective assessments; and when the improvements have
been completed by the Contractor, the City Council shall pass
the necessary ordinance accepting the improvements. This
ordinance will also set out the amount of the respective assess-
ments, the credits, if any, and the principal amount for which
the respective certificates of special assessment shall be issued.
X.
For the purpose of evidencing the several sums
assessed against the respective parcels of abutting property
and the owners thereof, and the time and terms of payment, and
to aid in the enforcement and collection thereof, assignable
certificates in the principal amount of the respective assessments
less the amount of any respective credit allowed thereon, shall be
issued by the City of Fort Worth, Texas, upon completion and
acceptance by the City of the improvements, which certificates
shall be executed by the Mayor in the name of the City and
attested by the City Secretary, with the corporate seal of the
city impressed thereon, and shall be payable to the said Texas
Bitulithic Company, or its assigns, and shall declare the said
amounts, time and terms of payment, rate of interest, and the
date of completion and acceptance of the improvements abutting
upon such property for which the certificate is issued, and
shall contain the name of the owner or owners, if known, des-
cription of the property by lot and block number, or front feet
thereof, or such other description as may otherwise identify the
same; and if the said property shall be owned by an estate,
then the description of same as so owned shall be sufficient,
or if the name of the owner be unknown, then to so state will be
sufficient, and no error or mistake in describing any property,
or in giving the name of the owner, shall invalidate or in
anywise impair such certificate, or the assessments levied.
The certificates shall provide substantially that if
same shall not be paid promptly upon maturity, then they shall
be collectible, with reasonable attorneys' fees and costs of
collection, if incurred, and shall provide substantially that
the amounts evidenced thereby may be paid to the Assessor and
Collector of Taxes of the City of Fort Worth, Texas, who shall
issue his receipt therefor, which shall be evidence of such
payment on any demand for the same, and the Assessor and Collector
of taxes shall deposit the sums so received by him forthwith with
the City Treasurer to be kept and held by him in a separate fund,
hereby designated as TEXAS BITULITHIC COMPANY STREET IMPROVEMENT
FUND, and when any payment shall be made to the Assessor and
Collector of Taxes upon such certificates he shall, upon present-
ation to him of the certificate by the Contractor, or other
holder thereof,-/6ndorse said payment thereon, and the Contractor,
or other holder of such certificate shall be entitled to receive
from the City Treasurer the amount paid upon presentation to him
of such certificate so endorsed and credited, and such endorsement
and credit shall be the Treasurer's Warrant for making such
payment. such payments by the Treasurer shall be receipted for
by the holder of such certificate in writing and by surrender
thereof when the principal, together with accrued interest and all
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costs of collection and reasonable attorneys' fees, if incurred,
have been paid in full.
Said certificates shall further recite substantially
that the proceedings with reference to making the improvements
have been regularly had in compliance with the law„ and that
all prerequisites to the fixing of the assessment lien against
the property described in such certificate and the personal
liability of the owners thereof have been performed, and such
recitals shall be prima facie evidence of all the matters recited
in such certificates, and no further proof thereof shall be
required in any court.
Said certificates may have coupons attached thereto
in evidence of each or any of the several installments thereof, or
may have coupons for each of the first four installments, leaving
the main certificate to serve for the fifth installment, which
coupons may be payable either to Texas Bitulithic Company, or its
assigns, or to the bearer, and may be signed with the facsimile
signatures of the Mayor and City Secretary.
Said certificates shall further recite that the City
of Fort Worth, Texas, shall exercise all of its lawful powers,
when requested so to do, to aid in the enforcement and collection
thereof, and may contain recitals substantially in accordance
with the above and other additional recitals pertinent or
appropriate thereto; and it shall not be necessary that the
recitals be in the exact form above set forth, but the substance
thereof shall be sufficient. The fact that such improvements
may be omitted on any portion of said portion of Ellis Avenue
adjacent to any premises exempt from the lien of such assessments
shall not in anywise invalidate, affect or impair the lien of
such assessments upon other premises.
XI.
Full power to make and levy reassessments and to
correct mistakes, errors, invalidities or irregularities, either
in the assessments or in the certificates issued in evidence
thereof, is, in accordance with the law in force in this City,
vested in the City.
XII.
All assessments levied are a personal liability and
charge against the real and true owners of the premises described,
notwithstanding such owners may not be named, or may be incorrectly
named.
XIII.
The assessments levied are made and levied under and
by virtue of the terms, powers and provisions of an Act passed at
the First Called Session of the Fortieth Legislature of the
State of Texas, known as Chapter 106 of the Acts of said Session
and now shown as Article 1105 of Vernon's Texas Civil Statutes,
which Act has been 4depted as an amendment to and made a part of
7 -
the Charter of the City of Fort Worth, Texas.
XIV.
The City Secretary is hereby directed to engross and
enroll this Ordinance by copying the caption of same in the
minute book of the City Council and by filing the complete
Ordinance in the appropriate records of this City.
XV.
This ordinance shall take effect and be in full force
and effect from and after the date of its passage.
PASSED AND APPROVED this 13th day of January, 1961.
APPROVED AS TO FORM AND LEGALITY:
City Attorney
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